Im Seong-geun, the former commander of the 1st Marine Division who was identified as responsible in the death-in-the-line-of-duty case of Sergeant Chae, denied the charges at his first trial on the 4th.
The Seoul Central District Court's Criminal Division 22 (Presiding Judge Cho Hyeong-woo) held the first trial for former Division Commander Im, who was indicted and detained on charges of occupational negligence resulting in death and violation of the Military Criminal Act.
Former Division Commander Im's side said it denies all the charges. Lee Wan-kyu, former head of the Ministry of Government Legislation and Im's attorney, said there was no negligence because the duty of care was not violated, and that no causal link can be recognized between the orders and Sergeant Chae's death.
Park Sang-hyeon, former commander of the 7th Brigade, and Choi Jin-gyu, former commander of Artillery Battalion 11, who were indicted together, also denied all charges.
However, Lee Yong-min, former commander of Artillery Battalion 7, and Jang, former headquarters company commander of Artillery Battalion 7, admitted the charge of occupational negligence resulting in injury and death. Lee's attorney said, as a commander, he acknowledges negligence, but added that Lee had passive negligence in that he could not disobey former Division Commander Im's orders, and that the essential and absolute negligence in the case lies with former Division Commander Im.
The side of Jang, the former company commander who was the superior officer of the late Sergeant Chae, said they feel ashamed for failing to protect a subordinate's safety, and argued that the court should consider that former Division Commander Im pressured for results.
The special counsel argued that orders from former Division Commander Im and others effectively meant an unreasonable underwater search. Although there was no explicit order, it could have been misinterpreted by the recipients as an order to conduct an underwater search.
The special counsel said that telling them to "get in the water" was effectively a directive to conduct an underwater search, adding that the superior commanders did not sufficiently assess the risks, and that for the members, it was pressure to get in for the sake of results.
The next trial is scheduled for the 15th. Two Marines who were at the accident scene are to be summoned as witnesses. The court said it will determine whom to hold criminally responsible, and to what extent, based on what happened at the time.
Former Division Commander Im was the superior unit commander of Sergeant Chae, who died in the line of duty on July 19, 2023, at a flood damage site in Yecheon County. He was sent to trial on the 10th of last month on charges of breaching the duty of safety by, among other things, failing to provide safety gear such as life jackets and having personnel wade in up to their waists to conduct an underwater search.